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These Terms and Conditions of Supply tell you the rules governing the contract formed between you and us. They are binding on you as soon as you visit the website, and if you disagree with any part of the full Terms and Conditions, below, you should exit the site immediately.
Website terms and conditions of supply
1 General
1.1 Any reference to “we” or “us” or “our” is a reference to Cards Un Limited, a company registered in England & Wales under company number 5844992, and any reference to “you” or “your” is a reference to any user of our website at www.cardsunlimited.com (“the Website”), and, where relevant, the recipient of any product (“the Product”) or services (“the Service”) provided by us to you through the Website. Any reference to “your Contacts” is a reference to those people whose details you have entered into the Website.
1.2 This page, together with the documents referred to and which are accessible on it, tells you the terms and conditions (the “Terms”) on which we agree to supply any of the Products or Services listed on the Website.
1.3 In addition to the above defined words and expressions the following words and expressions in the Terms shall have the meanings shown below:
1.3.1 “the Contract” means the Order and our acceptance of it together with the Terms confirmed by the Dispatch Confirmation as described in Condition 7.1;
1.3.2 “Information” means the information shown on the email sent by us to you under Condition 2.2 which contains information about us and you rights of cancellation;
1.3.3 “the Order” means the electronic order placed by you via the Order Form that appears at the end of the Conditions for the provision of the Products and/or Services; and
1.3.4 “Order Form” means the electronic order form with mandatory fields contained within it completed by you so as to place the Order.
1.4 Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.5 You should print a copy of these terms and conditions for future reference.
1.6 We may revise the Terms at any time and you are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
1.7 The Terms are part of a trio of legal documents governing all business activities involved in running the Company and the Website: the other two documents are our Terms of Use and our Privacy Policy. Should the terms of these documents be deemed in conflict with each other by an appropriate court of law, these Terms and Conditions shall hold sway.
1.8 Please tick the box next to the text “I have read and agree to the terms and conditions” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
2 Prior Information, Offer and Acceptance
2.1 We will sell and you will purchase the Goods in accordance with any Order that we accept, subject to these Conditions.
2.2 On placing any Order we shall send to you an email in standard form to the email address stated on the Order Form, providing you with the Information and the price of the Goods.
2.3 We will accept the Order by sending you an e-mail in standard form to the e-mail address stated in the Order Form, usually within 24 hours of you placing the Order.
2.4 Our acceptance of the Order will be valid notwithstanding that you do not open either of the e-mails sent under Condition 2.2 and/or Condition 2.3.
2.5 Our acceptance of the Order will be valid notwithstanding that the e-mail sent under Condition 2.3 was sent to an e-mail address not used by you, provided that the e-mail corresponds to that shown on the Order Form.
2.6 We have the right not to accept an Order for any reason whatsoever.
3 Orders
3.1 You are responsible for the accuracy of the Order and the information provided to us on the Order Form.
3.2 You are not entitled to cancel an Order once that order has been accepted by us otherwise than in accordance with these Conditions.
4 Products and Services
4.1 Our Company sells the Products and renders the Services to consumers and to businesses, principally but not exclusively through its Website:
4.2 We may offer blank and pre-printed greetings cards for sale, either in mixed packs of 5 or in single-design packs of 25.
5 Service Availability
5.1 The Website sells, or may sell, cards, and other tangible products, which are available for purchase worldwide.
6 Your Status
6.1 By placing an order through our site, you warrant that:
6.1.1 You are legally capable of entering into binding contracts; and
6.1.2 You are at least 18 years old;
7 How the contract is formed between you and us
7.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched and/or the Service has been rendered (the Dispatch Confirmation).
7.2 The Contract will relate only to those Products and/or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products and/or Services which may have been part of your order until the dispatch of such Products and/or Services has been confirmed in a separate Dispatch Confirmation.
8 Our status
8.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We do not give any representation or warranty or undertaking in respect of any products that you purchase from third party sellers through our site, or from companies to whose website we have provided a link to on our site. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
9 Availability and Delivery
9.1 We aim to fulfil your order of our pre-printed, designed cards within 48 hours of receipt of the order. The date of actual receipt will depend on the mail provider and the distance travelled, and we cannot be held responsible for late or damaged goods if they entered the post in good time and in good condition.
9.2 For the avoidance of doubt the above references to time of delivery are estimates only and time of delivery of the Products and/or Services shall not be of the essence of the Contract for such Products and/or Services.
10 Risk and Title
Title and risk of damage to or loss of the Products will pass to you once the Products are dispatched by us to the geographical address given by you to us on the Order Form.
11 Price and Payment
11.1 The price of any Products and/or Services will be as quoted on our site from time to time, except in cases of obvious error.
11.2 These prices include VAT where applicable but exclude delivery costs, which will be added to the total amount due before you pay.
11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
11.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Subject to condition 11.5 we will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
11.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
11.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Delta, Solo, Switch, UK Maestro and Mastercard, or through paypal. We will take payment on acceptance of your Order. This will be before we dispatch your order.
12 Right to Return and Repayment
12.1 You have the right to cancel the Contract and return the Products to us if you send a notice of such cancellation to us within 7 working days beginning on the day after you receive the Products.
12.2 The notice of cancellation must be sent either by post to the address for us shown on the Information or by e-mail to the e-mail address for us shown on the Information.
12.3 We will reimburse you the sum paid by you for the Goods including the delivery charge paid by you as soon as possible and in any case within 30 days of our receiving your notice of cancellation.
12.4 You must return the Goods to us in an unused state and in the original packaging within 21 days of sending the notice of cancellation to us.
13 Our Liability
13.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
13.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
13.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of goodwill, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14 Intellectual Property
14.1 We are the owner or sole or exclusive (as the case may be) licencee of all intellectual property rights in the Website and in the material published on the Website and the Products. All such rights are reserved and exerted by us.
15 Import duty
15.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
16 Written Communications
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website which we shall notify you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17 NOTICES
17.1 All notices given by you to us must be given to Cards Un Limited at enquiries@cardsunlimited.com
17.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order.. Notice will be deemed received and properly served immediately when posted on our website once we have sent an email notifying you of such notice, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18 Transfer of rights and obligations
18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19 Events outside of our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20 Waiver
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 17 above.
21 Severability
21.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 Entire agreement
22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
23 Our right to vary these Terms and Conditions
23.1 We have the right to revise and amend these terms and conditions from time to time.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24 Law and Jurisdiction
24.1 Contracts for the purchase of Products and/or Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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